TRUSTEE’S NOTICE OF SALE
Default having been made in the payment of the debts and obligations secured to be paid by a certain deed of trust executed by Michael W. Tharp and Ashley Tharp
, husband and wife, on the 18th day of April, 2008, to T. Mike Estes, Trustee, as same appears of record in the Register’s Office of Overton County, Tennessee, in Record Book 50, page 374, and Don O. Johnson having been appointed Substitute Trustee per instruments recorded in Record Book 104, page 910 and in Record Book 129, page 345; and Farm Credit Mid-America, FLCA (formerly known as Farm Credit Services of Mid-America, FLCA) being the owner and holder of the debt secured, having requested the undersigned to advertise and sell the property described in and conveyed by the said deed of trust, all of the said indebtedness having matured by default in the payment of a part thereof, this is to give notice that the undersigned will on March 12, 2014, commencing at 11:30 a.m., at the east door of the Overton County Courthouse, Livingston, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described tract of property, to-wit:
Lying and being in the 3rd Civil District of Overton County, Tennessee, to-wit: BEGINNING at T.B. Ogletree’s (Now Ray Maxwell) SW corner at Livingston and Hilham Road, running with same 11 poles and 4 ft. to a stone; thence Northwardly 21 poles to the head of the lane to a stone running Eastwardly from said Thompson’s barn; then Eastwardly 11 poles to T.B. Ogletree (now Ray Maxwell) line then with said line to BEGINNING, containing ½ acres more or less.
Being the same property conveyed to Michael W. Tharp and Ashley Tharp, by deed recorded in Deed Book 50, page 372, in the Register’s Office of Overton County, Tennessee.
The street address of the above-described property is believed to be 2432 Hilham Highway, Hilham, TN 38568 (Tax Map 33, Parcel 36.00, Tax Assessor’s Office), but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description referenced herein shall control.
Said sale shall be subject to any unpaid property taxes, to any additional prior, liens, leases, encumbrances, to any rights of redemption not heretofore expressly waived, and to all applicable reservation of minerals, easements, rights-of-way, setback lines and restrictions.
OTHER INTERESTED PARTIES: Tenant(s)’ rights in possession, if any.
The equity of redemption, statutory right of redemption, homestead, dower and courtesy are waived in said deed of trust, and the title is believed to be good, but the undersigned will sell and convey only such title as he may convey as Substitute Trustee there being no representations or covenants of warranty of title made hereby.
It will be the responsibility of the successful bidder to obtain possession of the property at his expense, and any damage, vandalism, theft, destruction, or other loss or damage to the property occurring subsequent to the date of sale shall be at the risk of the successful bidder.
The Substitute Trustee reserves the right to postpone or set over the date of sale in the event the Substitute Trustee deems it best for any reason at the time of sale to postpone or continue this sale from time to time, with such notice of postponement as deemed reasonable by the Substitute Trustee. In the event the highest bidder at such sale fails to complete his purchase of the subject real property within the applicable time allowed, the undersigned Substitute Trustee reserves the right to complete the sale of the subject real property, without further notice or advertisement, to the next highest bidder who is able to consummate his purchase of the property within the time permitted by the Substitute Trustee.
Signed, this 15th day of January, 2014.
Don O. Johnson,
O’Mara & Johnson, PLLC
310-D East Broad Street
Cookeville TN 38501
Telephone: (931) 526-8812
February 18, 2014
February 25, 2014
March 4, 2014